Kenyan case law

• LONDON DISTILLERS (K) LIMITED v EMU LINES PVT LIMITED & ANOTHER [2009] KEHC 1377 (KLR)

  ✦ The application is dismissed as there is no valid reason for transferring the suit to Nairobi.

  [2009] KEHC 1377 (KLR) High Court of Kenya 7 October 2009

• PETER MAINA GACHERU v ATTORNEY GENERAL (Constitutional Petition 1188 of 2007) [2009] KEHC 1389 (KLR) (7 October 2009) (Judgment)

  ✦ Application dismissed as the Petitioner did not file the Originating Summons in accordance with the Rules of Court

  [2009] KEHC 1389 (KLR) High Court of Kenya 7 October 2009

• DAVID WANJOHI MUGO & 3 OTHERS V MUGO MBANYA & ANOTHER [2009] KEHC 1858 (KLR)

  ✦ The appeal is dismissed as the plaintiffs' admission in the plaint is valid and their prayer to set aside the tribunal's award is procedurally correct.

  [2009] KEHC 1858 (KLR) High Court of Kenya 7 October 2009

• REPUBLIC v PHILIP KIPKEMOI LELE [2009] KEHC 156 (KLR)

  ✦ Application to dismiss case is declined and witnesses are ordered to be bonded for the next hearing.

  [2009] KEHC 156 (KLR) High Court of Kenya 7 October 2009

• NJERU KIBUA V SAMUEL K. RURIGA T/A QUICKLINE AUCTIONEERS & 3 OTHERS [2009] KEHC 1857 (KLR)

  ✦ The application for a temporary injunction is dismissed with costs to the defendant/Respondents.

  [2009] KEHC 1857 (KLR) High Court of Kenya 7 October 2009

• D.K.M v E.G.N [2009] KEHC 1659 (KLR)

  ✦ The marriage between the petitioner and the respondent has irretrievably broken down and is dissolved.

  [2009] KEHC 1659 (KLR) High Court of Kenya 7 October 2009

• JOSHUA MOKUA v REPUBLIC [2009] KEHC 749 (KLR)

  ✦ The constitutional right to a speedy trial was transgressed, and the criminal charge against the applicant is ordered quashed.

  [2009] KEHC 749 (KLR) High Court of Kenya 7 October 2009

• In Re Estate of Joseph Siangu Nchore (Deceased) [2009] KEHC 1009 (KLR)

  ✦ The application is dismissed. The respondent did not attend and shall therefore not get the injunction.

  [2009] KEHC 1009 (KLR) High Court of Kenya 7 October 2009

• MONICA PETER MUTUKU & ANOTHER v WILSON MUENDO MUTUKU [2009] KEHC 915 (KLR)

  ✦ The grant of representation was revoked

  [2009] KEHC 915 (KLR) High Court of Kenya 7 October 2009

• ALI MOHAMED WANJALA v REPUBLIC [2009] KEHC 1366 (KLR)

  ✦ Application is unfounded and dismissed.

  [2009] KEHC 1366 (KLR) High Court of Kenya 7 October 2009

• ALFRED KIZITO APUT v REPUBLIC [2009] KEHC 243 (KLR)

  ✦ The applicant is granted leave to file his appeal out of time

  [2009] KEHC 243 (KLR) High Court of Kenya 7 October 2009

• Kalsi (Suing as the Administrator of the Estate of Ram Singh Kalsi Deceased on behalf of the Estate) v Bhupinder Singh Kalsi [2009] KEHC 1128 (KLR)

  ✦ The application is granted as prayed in prayer Nos. 1, 2 and 3.

  [2009] KEHC 1128 (KLR) High Court of Kenya 7 October 2009

• REPUBLIC v KIPSIGEI COSMAS SIGEI & another [2009] KEHC 277 (KLR)

  ✦ The accused are found guilty of manslaughter, not murder

  [2009] KEHC 277 (KLR) High Court of Kenya 7 October 2009

• ABDUL RAHIM YUSUF v JAMES OLERO LIETA & another [2009] KEHC 711 (KLR)

  ✦ The application is incompetent and is struck out with costs.

  [2009] KEHC 711 (KLR) High Court of Kenya 7 October 2009

• JACKSON P. MURIMI KINYUA & 5 other v KENYA FOREST SERVICES [2009] KEHC 1614 (KLR)

  ✦ The court will allow the Plaintiffs to file the appropriate authority for the 6th Plaintiff to make the Verifying Affidavit on behalf of the rest of the Plaintiffs, or each of the first 5 Plaintiffs should file their own Verifying Affidavits.

  [2009] KEHC 1614 (KLR) High Court of Kenya 6 October 2009

• EPHRAIM GATHIGO KARANJA v STEPHEN GAKURE KIIRU [2009] KEHC 1866 (KLR)

  ✦ The applications are allowed with costs to the respondents in the appeals

  [2009] KEHC 1866 (KLR) High Court of Kenya 6 October 2009

• NELSON MUTURI DUMBEYIA V ELIUD WAITITU KIMERIA [2009] KEHC 1983 (KLR)

  ✦ The application to strike out the Defendant's defence is dismissed, but the Defendant's application for leave to amend its defence is allowed.

  [2009] KEHC 1983 (KLR) High Court of Kenya 6 October 2009

• BENSON CHEGE MBUGUA v REPUBLIC [2009] KEHC 1404 (KLR)

  ✦ We find that there was no credible evidence to support the Appellant’s conviction and quash the conviction and set aside the sentence.

  [2009] KEHC 1404 (KLR) High Court of Kenya 6 October 2009

• CHRISTOPHER KAZIBWE v VYUMA VYA MAGARI & ANOTHER [2009] KEHC 1824 (KLR)

  ✦ The court dismisses the claim against the 2nd Defendant with costs. The claim against the 1st Defendant for the return of the motor vehicle and reimbursement for US$21,000 and loss of income is dismissed. The court enters judgment in favor of the Plaintiff for his salary for the months of March-July, at the rate of Kshs.15,000/=. The Plaintiff and the 1st Defendant each to bear their own costs of the suit.

  [2009] KEHC 1824 (KLR) High Court of Kenya 6 October 2009

• KURANI MOIKAI v MULINGE KILUNGU & 19 others [2009] KEHC 1924 (KLR)

  ✦ The court declines to grant the orders for now and makes directions for the parties to make discoveries, file agreed issues, and confirm compliance with the order.

  [2009] KEHC 1924 (KLR) High Court of Kenya 6 October 2009

• PASCAL OTHIENO OKOTH v BENSON MOGESHA [2009] KEHC 1843 (KLR)

  ✦ The court held that the respondent did not have valid title to the land and dismissed the appellant's claim.

  [2009] KEHC 1843 (KLR) High Court of Kenya 6 October 2009

• LAWRENCE NGINYO KARIUKI v ABDULAZIZ BALALA & 3 others [2009] KEHC 1428 (KLR)

  ✦ The applicant is enjoined in the proceedings and ordered to file a replying affidavit and arguments within 14 days.

  [2009] KEHC 1428 (KLR) High Court of Kenya 6 October 2009

• DAVID NJUGUNA KIBE v GLADYS WANJIKU GICHUHI & ANOTHER [2009] KEHC 729 (KLR)

  ✦ The motion is dismissed with costs.

  [2009] KEHC 729 (KLR) High Court of Kenya 6 October 2009

• NATIONAL BANK OF KENYA LTD v MVITA BEER & GENERAL DISTRIBUTIONS LTD & 3 OTHERS [2009] KEHC 1076 (KLR)

  ✦ The plaintiff's application for extension of the summonses and service by advertisement is dismissed with no order as to costs.

  [2009] KEHC 1076 (KLR) High Court of Kenya 6 October 2009

• REPUBLIC v CHAIRMAN, SABOTI DIV. LAND DISP. TRIB & ANOTHER [2009] KEHC 143 (KLR)

  ✦ Leave to apply for certiorari and prohibition granted.

  [2009] KEHC 143 (KLR) High Court of Kenya 6 October 2009